Criminal History Concern!!

[cosgrec]

Hi,

My friend is applying for Express Entry now.

He had an incident with the police in Canada and afraid that it might effect his application.

Please give me your input and opinion.

He has a criminal conviction in Canada, but on the details of the conviction ("Disposition"), it states that "Charge Withdrawn". It was a mistake and misunderstanding and that is why it was withdrawn. It still shows that he had a conviction on the police certificate, but charges withdraw.

Do you think it can effect his application at all?

 

[Baljas]

If the charges were withdrawn then it should not come up on the police certificate. Means the police still has the record of that person. What about rcmp? Did the charges came up on that too? U can request the police to remove the record or hire a lawyer who can do that . If the charges were withdrawn then I don't see any problem.

 

[dobes]

Hi,

My friend is applying for Express Entry now.

He had an incident with the police in Canada and afraid that it might effect his application.

Please give me your input and opinion.

He has a criminal conviction in Canada, but on the details of the conviction ("Disposition"), it states that "Charge Withdrawn". It was a mistake and misunderstanding and that is why it was withdrawn. It still shows that he had a conviction on the police certificate, but charges withdraw.

Do you think it can effect his application at all?

The thing is, you cannot simultaneously have a conviction and a "charge withdrawn" for the same crime. Do you mean it still shows he has an arrest?

 

[Jbs]

The thing is, you cannot simultaneously have a conviction and a "charge withdrawn" for the same crime. Do you mean it still shows he has an arrest?

Oh ya good catch. I didn't paid attention to that . He might mean the criminal charge not the conviction as once convicted the charges can't be withdrawn unless granted pardon down the road.

 

[Lammawitch]

If the charges were withdrawn, he doesn't have a conviction. So no worries.

Likewise if he has an arrest record stating charges withdrawn.

It's really hard to give pertinent information on posts made on behalf of "a friend"; the poster may not have all the relevant details, and/or the friend may have interpreted details before passing them on...

 

[dobes]

Hi,

My friend is applying for Express Entry now.

He had an incident with the police in Canada and afraid that it might effect his application.

Please give me your input and opinion.

He has a criminal conviction in Canada, but on the details of the conviction ("Disposition"), it states that "Charge Withdrawn". It was a mistake and misunderstanding and that is why it was withdrawn. It still shows that he had a conviction on the police certificate, but charges withdraw.

Do you think it can effect his application at all?

It seems to me your friend has two choices. One is to answer honestly the statutory question on the PR application that asks if he has been arrested, etc., and explain everything in the letter of explanation, as well as including proof of the withdrawn charges. The other - and the one I would take - is to petition the RCMP to remove the record and wait to apply for PR until he gets an answer to apply.

http://www.rcmp-grc.gc.ca/en/record-suspension-formerly-called-pardon-and-purges

 

[cartwright]

Its always necessary to be honest with your application. State yes to the relevant statutory question and then explain the details in the LOE. Simultaneously you can appeal the charge.

 

[lotusEsp]

you should answer it honestly and add a letter of explanation

Even if the charges were withdrawn and the RCMP clear the data, I'd imagine it would still show up on your background/security check as having been arrested but then charges cleared.

the important part would be if you'd not declared that arrest in the first place.

 

[shibdutta]

when this indecent occurred? I think it stays there for few years (3 years) after that its automatically removed.

correct me, if its a wrong information.

 

[cartwright]

when this indecent occurred? I think it stays there for few years (3 years) after that its automatically removed.

correct me, if its a wrong information.

It depends on the nature of the offence, some offences have permanent records too.

 

[dobes]

Hi,

My friend is applying for Express Entry now.

He had an incident with the police in Canada and afraid that it might effect his application.

Please give me your input and opinion.

He has a criminal conviction in Canada, but on the details of the conviction ("Disposition"), it states that "Charge Withdrawn". It was a mistake and misunderstanding and that is why it was withdrawn. It still shows that he had a conviction on the police certificate, but charges withdraw.

Do you think it can effect his application at all?

Basically, this is what the link I posted says:

If charges did not result in a conviction, but your record is on the RCMP system you may contact the investigating police service and ask them to request that your fingerprints and all information taken at the time of arrest be destroyed. The police service may choose to deny this request for specific reasons.

If your friend's information would still be located in an RCMP check, he should ask that it be destroyed as per the link. If they agree to do that, the information will not show up on an RCMP check, and would not in any way affect his application, nor would he have to write a letter of explanation and chew his fingernails hoping they accept it.

 

[shibdutta]

Is this criminal check is also done while CIC gives Work permit ?
Or this is only in case of PR.

 

[sahil@2122@]

hi can anyone help me please .... my charges withdrawn and my PR application is in process i am in canada .. i told then with court documents so now what to do .... stil waiting for response from cic ...